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Louisiana Construction Stormwater Permit (6-LA-b)

Information current as of 2020
In Louisiana, a person (developer) may need a Construction Stormwater General Permit (General Permit) from the Louisiana Department of Environmental Quality (LDEQ). A General Permit is required for stormwater discharges from construction activities that disturb one (1) or more acres of land or that are part of a larger common plan of development that will disturb one (1) or more acres of land, where discharges enter state waters or a conveyance leading to state waters. See La. Rev. Stat. § 30:2075; La. Admin. Code §§ 33:IX.2511, Exhibit 1.

LDEQ administers the Louisiana Pollutant Discharge Elimination System (LPDES) program, as authorized and delegated by the U.S. Environmental Protection Agency in August 1996, pursuant to L.R.S. § 30:2074 and La. Admin. Code §§ 33:IX.2301 et seq.. LDEQ LPDES Website. A LPDES permit is required for the discharge of any pollutant from a point source into state waters. La. Admin. Code § 33:IX.2311.A.1.

Depending on the size of the construction activity, the developer may need to apply for a Small Construction Stormwater Permit (LAR200000) (Small Construction Permit) or a Large Construction Stormwater Permit (LAR100000) (Large Construction Permit).

LDEQ issues general permits pursuant to La. Admin. Code § 33:IX.317.A and La. Admin. Code § 33:IX.2515.

Note: If the owner of a facility differs from the operator of an activity at the facility, the operator must obtain the Construction Stormwater Permit. La. Admin. Code § 33:IX.2501.B.

Construction Stormwater Permit Process

6-LA-b.1 – Stormwater Pollution Prevention Plan (SWPPP)

All developers, regardless of whether they are applying for a Small Construction Permit or a Large Construction Permit must complete a Stormwater Pollution Prevention Plan (SWPPP). Developers applying for a Small Construction Permit must submit the SWPPP directly to LDEQ before beginning construction. Small Construction Permit, p. 15. Developers applying for a Large Construction Permit need not submit the SWPPP to LDEQ. However, the SWPPP must be prepared before the developer submits the Notice of Intent Application. Large Construction Permit, p. 28.

The SWPPP must:

  • Identify potential sources of pollution that may reasonably be expected to affect the quality of stormwater discharges from the construction activity;
  • Describe and ensure the implementation of practices that will be used to minimize pollutants in stormwater discharges and to assure compliance with the General Permit;
  • Include any information about endangered and/or threatened species or critical habitat found in proximity to the construction site;
  • Incorporate any terms or conditions imposed in order to protect listed species or critical habitats
  • Be signed by the appropriate party (see Large Construction Permit at Part VI.G; Small Construction Permit at Part V.G).

Large Construction Permit, p. 28; Small Construction Permit, p. 15.

The SWPPP must include the following:

  • Site description;
  • Control measures, including:
    • Erosion and sediment controls;
    • Stormwater management;
    • Those included in approved state or local plans; and
    • Other controls.
  • A description or maintenance practices;
  • An inspection schedule;
  • Identification of non-stormwater discharges.

Large Construction Permit, p. 30-40; Small Construction Permit, p. 17-24.

Developers are not required to use a specific SWPPP template, but may use the SWPPP templates provided by LDEQ.

Once completed, the SWPPP must be retained at the construction site and be made available upon request. Large Construction Permit, p. 28-29; Small Construction Permit, p. 15.

In addition, the SWPPP must be amended if the following occur:

  • There is a change in design, construction, operation, or maintenance that may have a significant effect on the discharge of pollutants into waters of the State;
  • The SWPPP is proving ineffective in eliminating or significantly minimizing pollutants; or
  • There is a new contractor and/or subcontractor that will implement part of the SWPPP.

Large Construction Permit, p. 30; Small Construction Permit, p. 17.

6-LA-b.2 to 6-LA-b.3 – Will the Construction Activity Disturb Less Than 5 Acres of Land?

Construction activities that disturb greater than one (1) acre, but less than five (5) acres, of land are covered by the Small Construction Stormwater Permit (LAR200000). Construction activities that disturb greater than five (5) acres of land are covered by the Large Construction Stormwater Permit (LAR100000).

The total amount of area to be disturbed during construction determines the applicability of a general permit, not the total land area owned at the project site. The Large Construction Permit covers activities that disturb five or more acres of total land area, including smaller areas that are part of a larger plan of development that cumulatively disturb at least five (5) acres. Large Construction Permit, p. 6.

Developers applying for a Small Construction Permit do not need to submit a Notice of Intent to LDEQ. Small Construction Permit, p. 11. Construction activities that qualify for a Small Construction Permit are automatically covered by that permit, unless otherwise notified by LDEQ. Small Construction Permit, p. 11. Additionally, there are no permit fees required for the Small Construction Permit. Small Construction Permit, p. 6.

6-LA-b.4 – Notice of Intent (NOI) Application

The developer of must submit a Notice of Intent (“NOI”) requesting coverage for construction stormwater discharges from activities disturbing five or more acres at least 48 hours before construction begins. Notice of Intent (NOI) (CSW-G) to Discharge Stormwater Associated with Construction Activity Greater Than 5 Acres; Large Construction Permit, p. 16.

The NOI must contain:

  • The name and contact information of the party having operational control over construction plans;
  • Project name;
  • Owner’s name (if different from the operator);
  • Operator status as a Federal, State, Tribal, private, or other public entity;
  • Location of project;
  • Information about the SWPPP;
  • Estimated construction start date and length of time the permit is needed;
  • An estimate of the total acreage to be disturbed by the project;
  • Information about how the stormwater will reach state waters;
  • Information about other federal or state environmental permits, as required by L.A.C. § 33.I.1701;
  • The signature of the appropriate individual;
  • Certification of compliance with all requirements and of the accuracy of the information submitted.

Large Construction Permit, p. 21-22; NOI Application.

The developer should submit only one NOI to cover all activities on the common plan of development. Large Construction Permit, p. 15.

Additionally, the developer must note if the project will affect any listed endangered or threatened species (NOI Application, p. 9-13), whether there are any historic properties listed or eligible for listing on the National Register of Historic Places at the project facility or near the discharge (NOI Application, p. 14-15), and whether the discharge will affect an Outstanding Natural Resource Water (NOI Application p. 16-17).

LDEQ requires the developer to submit two copies (the original and one copy) of the completed and signed NOI. By submitting a signed NOI, the developer certifies that an SWPPP has been developed for the project and complies with all of the permit conditions. It also certifies that implementation of that SWPPP will begin when construction begins. NOI Application, p. 2.

The developer must also submit the applicable permit fee. L.A.C. §§ 33:IX.1309.E, 1309.N; NOI Application, p. 8.

6-LA-b.5 to 6-LA-b.8 – Review Application Materials for Completeness

LDEQ reviews the NOI Application for administrative and technical completeness. LDEQ does not process the NOI until all required information has been submitted. NOI Application. If the application is incomplete, LDEQ notifies the developer of the deficiencies and the developer may resubmit the NOI Application with the required information. The developer may not discharge stormwater from construction activities until the deficiencies have been corrected and the NOI Application has been resubmitted. Large Construction Permit, p. 17.

LDEQ notifies the developer in writing if the NOI Application is accepted for coverage under the General Permit. NOI Application, p. 1. LDEQ also notifies the developer if it determines that the project is not eligible for coverage under the General Permit. If this is the case, the developer must apply for an individual permit (see Large Construction Permit at Part VI.L and Small Construction Permit at Part V.K). Large Construction Permit, p. 17; Small Construction Permit, p. 11. There is no appeal process if LDEQ denies General Permit coverage.

6-LA-b.9 – Large Construction Stormwater General Permit

If LDEQ approves the NOI, the developer is authorized to discharge stormwater from construction activities. Upon approval of the NOI, LDEQ sends the developer a permit authorization letter. If the NOI was complete upon receipt, the developer is authorized to discharge stormwater from construction activities 48 hours after the receipt of a hand-delivered NOI to LDEQ or 48 hours after the postmark date of the NOI. Large Construction Permit, p. 16.

The developer may obtain a printed hard copy of the General Permit from LDEQ, or may download a copy themselves. The developer must comply with all conditions and limitations included in the General Permit. See Large Construction Permit, p. 10-14, 43-56; Small Construction Permit, p. 26-34.

The developer need not submit a Notice of Termination (“NOT”) to LDEQ; expiration of coverage under the General Permit is automatic. Large Construction Permit, p. 58-59; NOT Application, p. 8.

6-LA-b.10 – Post Notice at Construction Site

Prior to beginning construction, the developer must post a notice near the main entrance of the construction site. The notice must contain the following:

  • The LPDES permit number for the project or a copy of the NOI if a permit authorization number has not yet been assigned;
  • The name and telephone number of a local contact person;
  • A brief description of the project;
  • The location of the SWPPP if the site is inactive or does not have an on-site location to store the plan.

Large Construction Permit, p. 29; Small Construction Permit, p. 16.

6-LA-b.11 – Small Construction Activity Completion Report (SCACR) (If Applicable)

Developers who obtained a Small Construction Permit must submit a Small Construction Activity Completion Report (“SCACR”) to LDEQ following final stabilization of the construction site. Small Construction Permit, p. 11.

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